Senate Commitee Backs Shield Law by 15-2 Vote

By: The Associated Press and E&P Staff The Senate Judiciary Committee on Thursday advanced a bill to shield reporters from being forced to reveal their sources in federal court, setting up a floor fight between supporters and Bush administration allies who believe the measure would harm national security.

The 15-2 vote sent the legislation to the Senate floor, where it was expected to face more challenges if not efforts to stall or kill it. A similar measure also awaits floor action in the House.

House Speaker Nancy Pelosi told the Associated Press Managing Editors in a speech Thursday that she will bring it up for a vote this year.

"This is fundamental to our democracy and fundamental to the security of our country," Pelosi said. More than 50 news outlets, including the AP, support the bill.

The Bush administration opposes the measure on grounds it would make it harder to trace the source of leaks that could harm national security.

U.S. Attorney Patrick Fitzgerald echoed that argument Thursday in a newspaper opinion piece. Proponents of a federal shield law got momentum from Fitzgerald's decision to subpoena reporters to testify against White House aide I. Lewis "Scooter" Libby in a case that grew out of Fitzgerald's CIA leak probe. Libby was convicted of obstruction, perjury and lying to the FBI; his sentence was commuted by President Bush.

Writing in opposition to Fitzgerald in The Washington Post, former Bush administration solicitor general Theodore B. Olson argued for the proposed federal law, saying state shield laws have worked well.

The bill includes exemptions for cases in which investigators are tracking acts of terrorism in the U.S. and other countries. An amendment by Sen. Sam Brownback, R-Kan., would keep accused spies, agents of foreign countries and terrorists from claiming the same protections extended to journalists.

The Society of Professional Journalists released the following statement.
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Leaders of the Society of Professional Journalists commend members of the U.S. Senate Judiciary Committee for supporting a bill that would help journalists protect the identities of their confidential sources. By a 15-2 vote, the committee approved the measure -- which SPJ members are calling the Specter Schumer Lugar Dodd Leahy Bill in recognition of the senators who have championed this important legislation.

?Ultimately, a shield protects the public and the free flow of information that is essential to holding government, corporations, institutions and individuals accountable for their actions," said SPJ National President Christine Tatum, an assistant features editor at The Denver Post. ?A shield recognizes that free speech and a free press are cornerstones of this nation?s democracy -- and that people who have sensitive information of vital importance to the general public sometimes deserve special protection when they speak to a journalist.

?Confidential sources informed the nation of Watergate,? Tatum said. ?They have tipped off communities to life-threatening pollution coming from companies. They have revealed documents exposing corruption in just about every aspect of life -- including Major League Baseball. Our government should do everything in its power to protect free speech, which is sometimes anonymous speech.?

The Free Flow of Information Act of 2007, or the federal shield bill, would protect the public?s right to speak out and promote the people?s right to know. The bill, which calls for a qualified privilege, also would make it easier for journalists to protect the identities of their confidential sources.

In the last year, The Society of Professional Journalists, the nation?s most broad-based journalism-advocacy organization, has raised more than $30,000 to support a campaign for the passage of a federal shield law. The work to ensure passage of such a law is ongoing.

?The Federal Media Shield Bill is a crucial step for champions of the First Amendment and a free press to ensure that journalists will not be jailed by the government for doing their jobs,? SPJ National President-Elect Clint Brewer said. ?Today's vote demonstrated real progress in the fight to allow journalists to protect the identities of their confidential sources. The Society of Professional Journalists urges journalists and free speech proponents across this country to get involved, act and communicate with their legislators to let them know a free press is a requirement for a healthy democracy.?

With the committee?s stamp of approval, the bill next heads to the full Senate, where no timetable for a vote has been set.